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22 R.I. 319

47 A 690

Sherry v. O'Brien

Supreme Court of Rhode Island

Decided December 24, 1900

Supreme Court of Rhode Island · decided 1900-12-24

Quo Warranto. At the democratic caucus of the fifth ward of the city of Pawtucket, held April 16, 1900, certain parties were declared to have been elected as members of the ward committee for the political year ensuing. Thereupon the complainants petitioned the board of aldermen of said city, sitting as a board of canvassers, for a. recount of said ballots under the provisions of Pub. Laws R. I. cap. 662, § 13, of May 18, 1899.

Cited by 4 later decisions — most recently June 1908

4 state decisions

Relies on Weeden v. Town Council of Richmond

Good law ✅— No negative treatment on recordhow we know

Heard on petition, and judgment of ouster entered… · Decided 1900-12-24

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Per Curiam.

¶1 (1) The court is of opinion that the complainants are entitled to the offices of ward and city committees of the democratic party in the city of Pawtucket, as claimed. Under Pub. Laws, cap. 662, § 13, January, 1899, the board of aldermen of Pawtucket had full power ‘ ‘ to recount said ballots and to hear and determine all questions raised for or against the counting of the same or of any thereof, and such recount shall stand as the true record and result of the vote cast at such caucus,” etc.

¶2 (2) This is a judicial power which cannot be reviewed. Weeden v. Richmond, 9 R. I. 128. Errors of a subordinate judicial tribunal can only be reviewed on certiorari, no appeal being provided for in the act.

¶3 An order ousting the respondents and declaring the petitioners entitled to the offices will be entered.

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